NSW Caselaw
Reported Decision : 48 ACSR 562
New South Wales Supreme Court
CITATION : Onefone Australia Pty Limited v One.Tel Limited (In Liquidation) [2003] NSWSC 1228 HEARING DATE(S) : 5 December 2003 JUDGMENT DATE : 19 December 2003 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Special Purposes Liquidator Appointed
CATCHWORDS : CORPORATIONS - winding up - application for appointment of special purpose liquidator to investigate renounceable rights issues - whether liquidator in a position of conflict - whether any possible claim - whether imminent expiry of limitation period for one suggested claim justified appointment - whether appointment should be restricted to avoid expense in enquiries on a matter which would be determined in other proceedings LEGISLATION CITED : Corporations Act 2001 s9, s588FB, s588FC, s588FE, s588FF, s600C CASES CITED : Re Obie Pty Limited (In liq) (No 4) (1984) 8 ACLR 867 Re Spedley Securities Ltd (In Liq) (1991) 4 ACSR 555 Onefone Australia Pty Limited (First Plaintiff) PARTIES : DCA Resources Australia Pty Limited (Second Plaintiff) One.Tel Limited (In Liquidation) (First Defendant) Steven Sherman and Peter Walker (Second and Third Defendants) FILE NUMBER(S) : SC 5991 of 2003 COUNSEL : Mr R Newlinds SC with him Mr H Stowe (Second Plaintiff) Mr M Slattery QC with him Mr R Dick (Defendants) H Ekes (First Plaintiff - discontinued) SOLICITORS : Gilles Delaney and Brown (Second Plaintiff) Kemp Strang (Defendants)
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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